Between 6 and 10 a.m. the railings on one side of a floor opening were
removed so an employee could insert a ladder and enter the excavation below to investigate
drainage problems. When the Division inspector arrived at noon the railings were still
down and an employee was working nearby. Employer's logical time defense to a section
1632(c) [guardrails for ladder way floor openings] violation was rejected. The railings
had to be down only for brief intervals when an employee was entering and exiting the
railed area. He apparently finished the drainage investigation and left the area before
the inspection. It was easy and safe to reinstall the railings. There was no proof that
the logical time had not arrived. The Division failed to prove employee exposure to a
flexible electrical cord that was not equipped with effective strain relief [2500.10(a)],
an inadequately guarded belt and pulley drive [4070(a)] and an excavation wall that was
not sloped or otherwise guarded against cave-in [1541.1(a)(1)]. The alleged violations
were dismissed by the Board.